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KARNAIL SINGH & ORS. versus S.C. AGGARWAL, IAS & ORS.

High Court of Punjab and Haryana, Chandigarh

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Karnail Singh & Ors. v. S.C. Aggarwal, IAS & Ors. - COCP-994-2004 [2006] RD-P&H 4325 (18 July 2006)

COCP No.994 of 2004 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

COCP No.994 of 2004

Date of decision: July 07, 2006.

Karnail Singh & Ors.

...Petitioner(s)

v.

S.C. Aggarwal, IAS & Ors.

...Respondent(s)

Present: Shri Deepak Sharma, Advocate for the Petitioner.

Shri G.S. Cheema, Sr. Dy. Advocate General, Punjab.

Shri Arun Palli, Advocate

Surya Kant, J. (Oral):

In continuation of the order dated February 28, 2006, Learned Counsel for the parties have been heard and rejoinder dated march 21, 2006 to the replication filed by the Additional Secretary to Govt. Punjab, Department of Industries & Commerce has also been perused.

I have also gone through the replies filed by the authorities before the Executing Court, copies of which have been placed on record as Annexures RJ-1 to RJ-6.

Suffice to say that the learned Additional District Judge, in utter disregard to the mandate contained in the judgment dated February 26, 2004 passed by this Court in CWP No.18983 of 2003 (Karnail Singh & Ors.

v. State of Punjab & Anr.), released the compensation amount without adhering to the priority list which the respondents prepared in terms of the COCP No.994 of 2004 -: 2 :-

directions issued by this Court, referred to above, and had produced before the Executing Court.

Be that as it may, it is not disputed that the petitioners as well as other claimants of the acquisition in question have since been paid the compensation amount. This petition is accordingly disposed of with a direction that in future the Executing Court shall follow the order dated February 26, 2004 passed by this Court in Karnail Singh's case, referred to above, while releasing the compensation amount to the land owners.

Disposed of.

Rule discharged.

July 07, 2006. [ Surya Kant ]

kadyan Judge


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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